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(영문) 의정부지방법원 2018.06.14 2016가단36157

배당이의의 소

Text

1. The Plaintiff among the distribution schedule prepared on November 24, 2016 by the above court with respect to the distribution procedure case of the Ku Government District Court C.

Reasons

1. Facts of recognition;

A. The Plaintiff requested a notary public of D Co., Ltd. (the representative E, hereinafter “D”) to order seizure and collection of the claim for the construction cost against D Co., Ltd. F (the E, hereinafter “F”) based on the authentic copy of a notarial deed with executory power under No. 894, 2015, on the basis of the certificate of North D Co., Ltd. (the representative E, and the E, hereinafter “F”), to order seizure and collection of the claim amount of KRW 350,000,000.

On September 25, 2015, the District Court issued a seizure and collection order with respect to the claim for the construction cost as above (the District Court 2015TTTT 16030), and the original copy of the order was served to F on October 23, 2015.

B. On February 29, 2016, the Plaintiff filed a lawsuit claiming the F to pay the collection amount and the damages for delay (Seoul Southern District Court 2016Gahap746) against the Plaintiff’s real estate provisional attachment and F’s compensation. On November 17, 2016, the Plaintiff was sentenced to the Plaintiff’s winning judgment ( “the Defendant paid the Plaintiff the amount of KRW 350 million and the amount of money calculated by the rate of KRW 15% per annum from March 22, 2016 to the date of full payment) and the judgment became final and conclusive as is.

(1) The Plaintiff, who was subject to the provisional seizure of real estate on November 3, 2015, withdrawn the application on November 11, 2015, for the purpose of preserving the claim for the collection amount.

(The District Court 2015Kadan201692). The Plaintiff was again subject to the provisional seizure order on March 10, 2016 (the District Court 2016Kadan50048) but the provisional seizure order was revoked on August 2, 2016 by the District Court 2016, when the F deposits for release of KRW 350,000 on August 4, 2016, the provisional seizure order was revoked on August 4, 2016.

(hereinafter referred to as the “instant deposit”) C.

The defendant's right to request the collection of the deposit money from the sea shall be subject to seizure and collection order 1) The defendant shall be I Co., Ltd. (hereinafter "I").